Brexit

Brexit, ECT Modernisation, ECT Withdrawal, Energy Charter Treaty, England, Investment Arbitration, UK

(Luther Rechtsanwaltsgesellschaft mbH)/ /Leave a comment

At the end of February 2024, the United Kingdom (“UK”)’s Energy Security and Net Zero Minister Graham Stuart announced his country’s decision to withdraw from the Energy Charter Treaty (“ECT”). On 28 May 2024, the Energy Charter Secretariat revealed in a press release that the UK’s formal notification of withdrawal had already been received by…

Achmea, Brexit, Enforcement, English courts, European Commission, European Court of Justice, Micula, Sweden, UK Supreme Court

, , (Vinge)/ /Leave a comment

In a recent judgment dated 14 March 2024, European Commission v UK Case C-516/22, the Court of Justice of the European Union (“CJEU”) ruled that the UK failed to comply with its obligations under EU law (the “CJEU Judgment”). A casual reader may wonder how this could be. After all, the UK officially left the…

Brexit, Investment, ISDS, TCA, UK

(School of International Arbitration, Queen Mary University of London (QMUL) )/ /1 Comment

The Investor-State Dispute Settlement regime is at the centre of a long-standing debate, subsequent reform efforts, and, more in general, great innovation. In this context, on 14 May 2021, a LIDW member-hosted event – organised and co-hosted by Clifford Chance, EFILA, Herbert Smith Freehills, Queen Mary University’s School of International Arbitration, and White & Case…

Brexit, Construction, Construction arbitration, International Law Talk, Kluwer Podcast, Podcast, Public Contract, Public contract disputes, Tender Dispute, Transparency

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration, IP Law, International Tax Law and Competition Law. Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration. In this latest episode,…

Brexit, Free Trade Agreements, International arbitration, Investment Arbitration, Japan, Reform

and (Concepción Global, PLLC, Universidad Complutense de Madrid)/ /1 Comment

On 23 October 2020, Japan and the United Kingdom (UK) signed a Comprehensive Economic Partnership Agreement (CEPA) with the agreement coming into force on 1 January 2021. This signifies a historic landmark as the UK’s first trade deal as an independent nation, and represents a key milestone for international trade in a post-Brexit UK. The…

Anti-suit injunction, Brexit, Brussels Regulation, CJEU, European Union

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While the United Kingdom (“UK”) was a member of the European Union (“EU”), the power of the English courts to grant anti-suit injunctions was considerably constrained by EU law. Now that the UK has left the EU, it is worth asking the question: are anti-suit injunctions back on the menu? This blog post provides a…

2020 In Review, BIT, Brexit, COVID-19, Due process, foreign direct investment, Human Rights, International agreement, Investment Arbitration, ISDS, ISDS Reform

(Georgetown Law) and (Columbia Law School)/ /Leave a comment

It will come as no surprise to the readers of this blog that the ongoing COVID-19 pandemic has had a significant impact on international arbitration (see blog coverage here).  In this post, we take a look back at 2020 to consider the intersection of the pandemic, investment, and human rights.  In February 2020, one of…

Arbitration, Brexit, EU-UK dispute settlement, European Union, Investment Arbitration, State-State Dispute Settlement, State-to-state arbitration

, (Linklaters LLP), (Linklaters LLP; Erasmus University), and (Linklaters)/ /1 Comment

The EU-UK Trade and Cooperation Agreement (“TCA”), concluded on 24 December 2020 and provisionally applicable since the end of the transition period on 31 December 2020, regulates the relationship of the EU and the UK after Brexit. It forms a basis for an evolving relationship between the Parties and may further change, depending on scrutiny…

Arbitration, Brexit, European Union, UK

(Schoenherr)/ /Leave a comment
Schoenherr

In early September 2020, the United Kingdom (‘UK’) Secretary of State for Northern Ireland, Brandon Lewis, conceded in no uncertain terms that the UK Internal Market Bill would violate public international law, albeit only in “a very specific and limited way“. This immediately caused controversy, to put it mildly. The EU Commission did not take…

Brexit, EU-UK dispute settlement, International Commercial Arbitration, International Investment Arbitration, Investment Arbitration, Public international law

(Allen & Overy), (Westerberg & Partners), (Arbitration Chambers), , (Essex Court Chambers), (Fietta LLP), and (Arnold & Porter)/ /Leave a comment

With the unfolding global pandemic, Brexit has largely taken a back seat. Yet, with the transition period due to end (at the time of writing) in just a few months, it is more important than ever to consider the implications for public international law (PIL) of the UK’s departure from the European Union. Exactly four…

Brexit, Choice of Law, CISG

(PLMJ Law Firm)/ /Leave a comment

“Whatever the nature of the transaction, in international business there is one prime question fundamental to the validity, interpretation, effectiveness and enforceability of the contract: what law governs?” – Professor Julian Lew QC, Preface, Rethinking Choice of Law in Cross-Border Sales, Gustavo Moser (Eleven International Publishing, 2018). On 15 April 2019, a sunny Monday in…

Brexit, Brussels Regulation, ECJ, England, EU Law, Europe, European Union, UK, Uncategorized

(Legance Avvocati Associati)/ /Leave a comment

The Brexit clock is ticking and, under the current circumstances, the no deal scenario is being increasingly regarded at least as a concrete option – although the situation is changing on a daily basis and the extension of the two-year term under Article 50 TFEU could provide some breathing room. In the context of the…

Brexit, LIDW 2019, London, ODR, Seat of the arbitration

(Stockholm University)/ /Leave a comment

The 2019 London International Disputes Week continued yesterday with the Flagship Conference on the Present and Future of London International Disputes, in the unique setting of the National Gallery, in Trafalgar Square. Professor Richard Susskind OBE, IT Advisor to the Lord Chief Justice, discussed the role of Technology and the Future of Dispute Resolution. Richard…

Achmea, Brexit, Intra-EU Investment Arbitration

(Bottega Di Bella) and (Galvez Pascual SLP)/ /Leave a comment

Introduction The approaching BREXIT, in conjunction with the recent Svea Court of Appeal‘s decision upholding largely an intra-European Union (EU) Stockholm Chamber of Commerce (SCC) award against Poland, provides the opportunity to further discuss the ramifications of the preliminary ruling by the Court of Justice of the EU (CJEU) in the Achmea case (Case C-284/16)….

Brexit, EU Withdrawal Act, European Law, European Union, Intra-EU BIT's, Micula

(Iordache Partners)/ /Leave a comment

Introduction It has by now become amply clear that nothing truly prepares the jurist for an analytical maze run of predicting the effects of Brexit. In some way, it reminds one of “Nebel des Krieges”, the “fog of war” faced by military decision makers once on the battlefield. The best you can hope for is…

Achmea, Brexit, Energy Charter Treaty

(Clyde & Co.)/ /Leave a comment
Clyde & Co.

Perhaps the one thing that is certain about the UK’s departure from the European Union is that it is uncertain. It is not certain that the UK and the EU will strike a deal on their future trading relationship after the UK leaves the EU on 29 March 2019; it is not known whether the…

Arbitration, Brexit, European Union, Hague Convention on Choice of Court Agreements, Judgment

(Swiss International Law School (SiLS))/ /Leave a comment

In our post last month, we discussed the potential impact of Brexit on the choice of law to govern a contract and the law applicable to non-contractual claims. We also discussed that parties and party counsels should consider revisiting their choice of law strategies, but that in doing so, they should be conscious of the…

Arbitration, Brexit, Choice of Law

(Swiss International Law School (SiLS))/ /1 Comment

The title of this post may, at a first sight, seem rather odd, but this author submits that choice of a governing contract law can actually be explained using ice cream as an analogy.   Assuming an individual generally likes ice cream, a question that arises is whether any thought has ever gone into why…

Anti-suit injunction, Brexit, English courts, English Law

(Enyo Law LLP)/ /Leave a comment

In one of Voltaire’s most famous tales, two characters continuously dispute their visions of the world, and whilst Pangloss is always looking for a cause for all small events fitting into a broader system, Candide, optimistic, prefers to look at how he himself can change the world not by pursuing its meaning, but with his…

Brexit, Energy Charter Treaty, European Law, European Union, Fair and Equitable Treatment, Spain

(School of Law, University of Westminster)/ /Leave a comment

It is widely acknowledged that the departure of the UK from the EU, commonly referred to as Brexit, gives rise to multiple legal problems, some of which are bound to lead to actions. While there is a widespread coverage of public law related litigation, there is less knowledge of potential private actions, including those taking…

Brexit, empirical data, Queen Mary- White & Case Survey, Seat of the arbitration

(White & Case LLP) and (White & Case)/ /Leave a comment

The results of the 2018 Queen Mary/White & Case International Arbitration Survey were launched on 9 May 2018. The survey explores “The Evolution of International Arbitration”: how international arbitration has evolved, the key areas for development in the future, and who and what will shape the future evolution of the field. This is the 4th survey…

Achmea, Arbitration, Arbitration Proceedings, BIT, Brexit, CJEU, Investment Arbitration

, , (Signature Litigation)/ /Leave a comment

On 6 March 2018, the Court of Justice of the European Union (the “CJEU“) delivered its ruling in the case of Slovak Republic v Achmea (“Achmea“), holding that the investor-state arbitration provisions in a bilateral investment treaty (“BIT“) between the Netherlands and the Slovak Republic are invalid, as they are incompatible with EU law. In…

Anti-suit injunction, Brexit, Brussels Regulation, UK

, (Coventry Law School, Coventry University)/ /1 Comment

Background UK courts senior courts have the power to issue an anti-suit injunction in favor of arbitration where a party commences foreign court proceedings in breach of a valid arbitration agreement (Senior Courts Act 1981 s.37(1)). At the heart of this controversial remedy lies a concern that anti-suit injunction is an indirect interference with the…

Brexit, ISDS, NAFTA, UK, United States

(Allen & Overy) and (Jenner & Block LLP)/ /Leave a comment

In the first part of this article, we discussed the need to broaden the debate about the UK’s future trading relationships, touched upon some potential advantages of the UK joining the NAFTA and traced the idea’s limited history. Is there political will? These days, the idea remains on the periphery, even out of sight. Each…